Mutation proceedings -- Are not judicial proceedings - They do not decide title nor it is evidence of exclusion from property...........
Suit for declaration of title -- Appellants got themselves impleaded as a party in the suit - Appellants did not file written statement inspite of repeated ad-journments - In a statement filed voluntarily, appellants reserved the right to take appropriate proceedings and also sought dismissal of the suit - Respondent (Plaintiff) had not sought any relief against the..........
Evidence Act, 1872, Section 35 -- Entry in Municipal Register of Property Tax - Entry and tax receipts showing title - Held, such entries are of little value and cannot prove title...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Evidence of plaintiff not proving his title - Suit to fail notwithstanding that defendant has no title to the suit property...........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42, 23A, 18, 2(bb) -- Bachat land, redistribution of amongst proprietors hasab rasad raqba khewat-Plea that Director Consolidation could not decide question of title-Not tenable as Director Consolidation did not decide question of title because title in Bachat land inheres in..........
Evidence Act, 1872, Section 116 -- Land taken on lease from Gram Panchayat and paying lease-money to Gram Panchayat-Plea that lessee cannot disclaim title of Gram Panchayat-Lessee under a mistake of fact or law paying lease-money to Gram Panchayat and acknowledging Gram Panchayat to be owner of land-Can still say that Gram Panchayat is not owner of land and rather lessee..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(iia), 3 - - Allotments/transfers of Shamlat Deh made before cut off date i.e. July 9, 1985 (date of pronouncement of orders by Supreme Court in Gram Panchayat Jamalpur's case 1985 PLJ 463) - Saved and regularised - All rights, title and interest of Panchayats in evacuees share in Shamlat Deh as from..........
Family settlement -- Brothers - It is not necessary that all brothers be present at the settlement - One of the brothers living in London can authorise his other brothers to settle disputes - One of the, brothers selling property to appellant - Sale deed registered for valid consideration - Vendee gets valid title to the property - Respondent, a tenant is bound by title -..........
Succession Act, 1925, Section 211(1), 307(1), 332 -- Christian - Power of executor or administrator - Property of deceased testator vests in executor or administrator who gets full powers to dispose of same - His assent is necessary under Section 332 of Act to complete legatee's title to legacy - But his power is to be reconciled with requirement of giving effect to..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Issue in suit related to the legality, validity and binding nature of a gift deed executed by `B' - `B' was in possession of property throughout - High Court opined that the question of possession and the question of title are two different things - Apex Court while upholding the decision of the High Court, held that..........
